Josap Logistics & Supplies Limited v Great Rift Valley Drilling (Kenya) Ltd; Coulson (Interested Party) (Commercial Case 359 of 2016) [2025] KEHC 385 (KLR) (Commercial and Tax) (27 January 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 385
- Citation
- [2025] KEHC 385 (KLR)
- Decided
- 27 January 2025
The application was not res judicata and the interested party is entitled to the orders sought.
Facts
The interested party, David James Stewart Coulson, is a director of the defendant company. A default judgment was entered in favor of the plaintiff against the defendant leading to a decree. The plaintiff applied for discovery to aid in execution, alleging that the defendant had concealed its assets out of malice. The defendant's application to set aside the interlocutory judgment was dismissed.
Issues
- Whether the application was res judicata; and
- Whether the interested party is entitled to the orders sought.
Reasoning
The court found that the application was not res judicata as the issues raised were not directly and substantially in issue in the former suit. The interested party is entitled to the orders sought as the application was not res judicata.
Outcome
The application was not res judicata and the interested party is entitled to the orders sought.
Orders
- The interested party is joined to the case as an interested party.
- All execution proceedings against Coulson are set aside.
- The applications dated 15th & 16th February 2022 are scheduled for hearing before a judge.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
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